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Your End-of-Year Employment Law Checklist

12.15.2008

 
The holidays seem to be full of people making lists: holiday card lists, shopping lists, gift wish lists, and resolutions for the New Year. As we have been informing you this fall, there are a number of significant changes to employment laws coming in early 2009. Here’s one more list this holiday season: a quick rundown and reminder of the new laws and their potential implications and practical impact on your business.

-Effective January 1, 2009, new amendments to the Americans with Disabilities Act (“ADA”) become effective. These amendments expand significantly the individuals who will be covered by the ADA. Review your policy on handling employee requests for reasonable accommodations under the ADA and consider how that will be impacted by the expanded coverage under the ADA.

-Effective January 15, 2009, many federal contractors and sub-contractors will be required to use the e-Verify system to confirm that or employment eligibility. If your business is a federal contractor or sub-contractor, you need to determine if you are covered by Executive Order 12989.

-Effective January 16, 2009, new amendments to the Family Medical Leave Act (“FMLA”) take effect. If your business is covered by the FMLA, familiarize yourself with the new regulations. They provide significant additional and new coverage specific to military personnel and their families. They also provide for new notice requirements by employers. Review your current FMLA policy to ensure compliance with the new notification requirements.

-Under the new FMLA regulations, FMLA claims can be waived as part of a privately-negotiated release. If your business is covered by the FMLA, review any existing severance plans and/or other standard releases used by your company to make sure that FMLA is specifically included in the released claims.

-Effective January 16, 2009, when the new FMLA regulations take effect, the required posting regarding the FMLA will be changed to include information about these new regulations, specifically, the new provisions relating to leave for military service personnel and their families. Make sure to update your workplace poster.

For questions about this Alert, assistance with reviewing and updating your personnel policies or agreements in light of these changes, or any other employment law issue, please contact Bryn Wilson at bwilson@poyners.com or (919) 783-1117 or Susie Gibbons at sgibbons@poyners.com or (919) 783-2813.

Physical Address: 301 Fayetteville Street, Suite 1900, Raleigh, NC 27601
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